
What is a Demurrer (or Motion to Dismiss) for Failure to State a Claim?
One of the first obstacles a plaintiff (i.e., the party filing the lawsuit) encounters at the beginning of a lawsuit is a motion to dismiss...
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Whether you’re a lawyer, a law student, or have no legal background whatsoever, join us as we dive deep into the American legal system to help you protect your legal rights, your money, and...

One of the first obstacles a plaintiff (i.e., the party filing the lawsuit) encounters at the beginning of a lawsuit is a motion to dismiss...

The terms "affidavit" and "declaration" are often used interchangeably . . . but there are slight differences between the two. In this short...

If someone sues you and obtains a judgment, he/she can pursue your personal assets to satisfy the judgment. This may include your savings, s...

In this episode, I discuss how to write a clear and persuasive motion, using many of the lessons and techniques learned in almost a decade o...

Deciding whether to represent yourself in court is an important decision that should not be made lightly. That being said, with some excepti...
Each year, millions of Americans find themselves involved in a lawsuit or a legal dispute with the significant possibility of an imminent la...

On July 5, 2017, Rob Kardashian, of the famous Kardashian TV family, uploaded multiple nude photographs of his ex-fiancee, rapper Blac Chyna...

A leading question is one that suggests the answer sought by the examiner.* For example: "You met with Mr. Williams the evening of July 25th...

After three years of challenging legal education, incoming attorneys graduate from law school eager to take on the challenges of the profess...
On June 12, 1994, the bodies of O.J. Simpson's ex-wife, Nicole Brown, and her friend Ron Goldman, were found outside Brown's condominium in...

If your dog bit someone, do not panic. One of the first things you should do is educate yourself about your potential liability to the perso...

Few agencies are more shrouded in mystery than the United States Secret Service. It even has the word "secret" right in its name! In this ep...

According to the Dave Nee Foundation , which promotes awareness of depression among lawyers, "lawyers are 3.6 times more likely to suffer fr...

With the recent appointment of Ajit Pai to chair the Federal Communications Commission (FCC), the current regulatory regime of net neutralit...

Dred Scott v. Sandford (1857) is widely considered to be the worst decision ever issued by the United States Supreme Court. Dred Scott, a sl...

In one form or another, you're exposed to waivers of liability almost every day. Ever wonder what exactly you're giving up with these contra...

A prenuptial agreement ("prenup") is a contract between two people, signed before marriage, detailing how assets and liabilities will be div...

If you died tomorrow without a will, who would inherit your assets? Who would be your children's guardian? What would happen to your remains...

Driving under the influence of alcohol or drugs (DUI) is illegal in all 50 states. Some states refer to this as driving while impaired or dr...

In large part due to Hollywood's sensational portrayal of courtroom dramas, most people have a very distorted understanding of how courtroom...

A demand letter is a document that gives formal notice that you are considering legal action. Most demand letters contain a demand for money...

"When in Rome, do as the Romans do." Yes, it's an annoying and overused cliché, but an important piece of advice for how to act in court or...

Statutes of limitation are laws limiting the time to file a lawsuit for a particular event or set of facts.* Statutes of limitation cut off...

Before you even consider filing a lawsuit, you must determine whether it makes financial sense for you to proceed. In this episode, we discu...

You may not recognize the term exculpatory clauses ; however, it may surprise you to learn that you have signed dozens upon dozens (if not h...

In this second part of our two-episode series on basic U.S. contract law, we discuss the various defenses to contract formation and breach,...

A contract is a voluntary, private, legally enforceable agreement between two or more parties. To be valid, a contract must, atminimum, cons...

Monumental advances in medical technology have made it possible for human life to be extended dramatically, often with unintended consequenc...

Are you considering applying to law school? Have you been accepted to law school and are now considering whether to enroll? Deciding whether...

On March 26, 2015, the Indiana legislature passed its version of the Religious Freedom Restoration Act (RFRA). What ensued was a national co...

Let's face it- some attorneys give the profession a bad name by engaging in unethical billing practices (or, in attorney parlance, "padding"...

In this episode, I discuss nine things I learned watching my dad fight cancer: 1. The importance of estate/medical planning: advanced health...

In the span of less than two weeks, grand juries in Missouri and New York voted not to indict police officers for the deaths of two unarmed...

The Fourth Amendment of the United States Constitution prohibits "unreasonable searches and seizures." For a police intrusion to be unconsti...

Did you ever hear about the woman who spilled McDonald's coffee on herself and was awarded five kachillion dollars by a jury? Liebeck v. McD...

The home is universally revered as a place of sanctuary, privacy, and independence. It is not surprising that the United States Constitution...

Arbitration is an alternative dispute resolution method that allows parties to forego the time and expense of a jury trial and elect instead...

Despite popular belief, "tort reform" has nothing to do with pastries or small cakes (see "tortes" or "tarts"). Torts include a variety of c...

In August 2014, the California Senate passed Senate Bill No. 967 (the "Yes Means Yes" law). California is the first state to pass a law of t...

In the Marx brothers' movie Duck Soup , Chico Marx famously says, "Who are you going to believe, me or your own eyes? Eyewitness misidentifi...

n this age of social media, it has become easier than ever for ordinary Americans to find ourselves defendants in a defamation lawsuit. What...

Whether you’re a lawyer, a law student, or have no legal background whatsoever, join us as we dive deep into the American legal system to he...

We all know the feeling. You're on the road enjoying a worry-free drive, when you suddenly notice flashing red/blue lights in your rear view...

Few features of the American legal model are less understood than the jury system. For most people, the first introduction to juries comes i...

Native American law (or "Indian law" as it is sometimes called) lies at the intersection of federal, state, and tribal laws, some of which p...

In November 2012, voters in Colorado and Washington passed ballot initiatives legalizing the recreational use of marijuana. In the aftermath...

The law of self-defense authorizes* a person, under certain circumstances, to use otherwise unlawful force (even deadly force) to repel an i...

n this episode, we discuss trademarks: what they are; what they protect; what they cannot protect; the aspects of a protectable mark; ground...

In the recent case Vergara v. California , a trial judge ruled that California's teacher tenure laws violated the California Constitution by...

June 2014 was a fascinating month for the law, with several significant rulings by the U.S. Supreme Court. The Court unanimously held that w...